HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9323 of 2026 Court No. - 66 (Sr. No.10 out of 116) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kandarp Srivastava, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.197 of 2025, under Sections 103(1), 3(5) B.N.S., Police Station Sahayal, District Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. The name of the applicant has come up in the statement of brother of informant that too regarding suspicion only. There is no eye-witness account of the incident. Subsequently, the applicant has been roped in in the confessional statement of the co-accused, which has no evidentiary value in the eyes of law. The applicant has no criminal history and is in jail since 27.12.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 6. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Aman Kumar Shukla, Kandarp Srivastava Counsel for Opposite Party(s) : G.A. Gaurav Katheriya .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, the evidence on record, taking into consideration that the applicant was initially implicated in the case on the basis of suspicion only and subsequently in the statement of a co-accused, which has no evidentiary value, coupled with the fact that there is no eyewitness account of the incident, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Gaurav Katheriya, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. March 19, 2026 (Ravi Kant) BAIL No. 9323 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad